Professional guardians in Washington State are regulated by the Certified Professional Guardian Board (CPG Board).

• The CPB Board meets NOVEMBER 14, 2011.
• There are a bunch of new regulations. Comment by NOVEMBER 14, 2011. There is also a public forum afterwards.
• There is a webinar series on the Standards of Practice. The next one is NOVEMBER 16, 2011.

WHAT’S HAPPENING NOW??

As holiday shopping approaches, you should make sure you bring your iPad or smartphone with you when you are waiting in line at the store this weekend. That way you can review the rather extensive list of proposed regulations listed below!!

Actually, some of these are quite important, and 30 days seems kind of a short window to comment. This time around, we didn’t have the time to give them a thorough review or summarize them before NOVEMBER 14, 2011. You are on your own this time! Perhaps the comment period will be extended?!?

The next CPG BOARD MEETING is on NOVEMBER 14, 2011 (9:00am-3:00pm) at SeaTac Conference Center,18000 International Blvd.–Ste.1106, SeaTac, Washington. There will be a public comment meeting at 1:00pm-300pm. The agenda and guidelines for comment are here.

The DEADLINE for comment on PROPOSED REGULATIONS expires on NOVEMBER 14, 2011. The Board is tentatively scheduled to consider these regulations at the January 9, 2012 meeting.

• SOP 406 – Conflicts of Interest (Amendments)
• Reg. 003.5 – Posting of Disciplinary Notices (New)
• Regs. 102 and 119 – Application Requirements (New)
• Reg. 103.2.7-103.2.8 – Applicant Requirements (New)
• Reg. 515 – Disciplinary Regulations (Amendment)
• Reg. 503.14-503.16 Disciplinary Regulations (New)

WEBINAR ON STANDARDS OF PRACTICE (SOPs) ON NOVEMBER 16, 2011. Professional guardians can take advantage of the CPG Standards of Practice Webinar (Online Training) sponsored by Washington Association of Professional Guardians (WAPG). This once-a-month series has the usual suspects weighing in on the SOPs with their usual wit and expertise. And you get continuing education credit. The next session is November 16, 2011.

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The Washington State Senior Citizens’ Foundation met recently (November 3, 2011) for its  2011 Fall Conference. A distinguished moderator and panel discussed “Elder Abuse and Guardianship”. Jim Brown, attorney for the Washington Association of Elder Law Attorneys (WAELA), was the only certified professional guardian on the panel.

The Seattle Times published a series of articles in 2010 called “Seniors for Sale” which resulted in new legislation of state oversight of facilities and regulation of referral agencies. An adult protective services (APS) work group examined practices and legislation was enacted.

The trial courts have the primary responsibility for guardianship cases. The number of persons who will need the assistance of a guardian will increase markedly in the coming years. Dedicated and qualified guardians are needed to protect an aging population from neglect, abuse and financial exploitation.

GUARDIANSHIP PROTECTION

In Washington State, a certified professional guardian board was created in 1998.  An office of public guardianship was also created to address low income needs was also created. Family and volunteer guardians are now subject to training requirements. Court procedures and the different kinds of guardianship are intended to protect the liberty of those needing protection. Monitoring and funding for it is still needed. Guardians cannot detain a person in a facility against their will which is difficult to define. Processing APS complaints was also discussed. A critic cited perceived serious, systemic problems with guardianship as well as its costs.

WATCH THE WEBCAST on TVW, the Washington State public affairs network.

“No person’s life, liberty, or property is safe while the legislature is in session.” According to Wikiquotes, this quote belongs to Judge Gideon Tucker in the case of the Final Accounting of the Estate of A.B. 1 Tucker 248 (N.Y.Surr. 1866). Tucker was a surrogate judge handling probate and guardianship cases in New York State. Trivia: according to Wikipedia, Tucker was also the founder of the New York Daily News.

The 2011 Washington State Legislature adjourned without acting on two bills described below.  They could be considered in the January 2012 session or maybe earlier if there is a special session. CONTACT YOUR LEGISLATOR.

SB 5740 – The“predatory guardians” bill.

There are Senate and House versions. Here are some of the highlights from one or both versions:

• Requiring guardians to send quarterly accountings to those who request them
• Providing for removal of guardians who intentionally falsify accounts or reports
• Defining the burden of proof for applications and hearings on orders to show cause to modify the guardianship
• Advance notice of the name of the guardian to be appointed prior to hearing
• General information about guardianships should be provided by the court to the person filing a petition and should be published online
• Requiring disclosure by guardians ad litem of conflicts or appearance of conflicts of interest

SB 5819 – Additional reporting requirements.

This bill passed the House and in the Senate Rules Committee, one step away from floor action. It imposes additional reporting requirements on guardians. Under the bill they would be required to report efforts undertaken to:

• to identify and secure employment of the
• to ensure residential placement is the least restrictive alternative, including detailed explanations about current and alternative residential placements.

NEW GUARDIANSHIP LEGISLATION

New bills can be introduced in any upcoming session, including any special session.

Hot Tip: Bills may be introduced concerning guardians ad litem and guardian reporting requirements for small estates.

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The fundamental relationship between a guardian and a protected person is one of empowerment, advocacy and protection. Guardians make decisions pursuant to the best interests / substituted judgment standards. State courts appoint guardians and supervise this relationship with the purpose of protecting the best interests of a protected person. Sufficient court resources for meaningful court review and training of court personnel is essential to fulfilling the court’s – and a guardian’s – responsibilities to protected persons.

Guardians and state courts were the subject of a recent Congressional hearing in Washington, D.C. Like most guardians, I had a huge block of time with nothing to do so I watched the webcast of the hearing and took some notes to pass along to you. The hearing – “Protecting Seniors and Persons with Disabilities – An Examination of Court-Appointed Guardians” – was held on September 22, 2011 before the Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts. Ultimately, the result is a bill sponsored in the United States Senate by Amy Klobuchar (D-Minnesota) and Bill Nelson (D-Florida).

The vast majority of guardians do good work. The hearing testimony focused on the few “bad apples” and the systemic lack of state court resources to detect and stop those few. Everyone generally agreed courts should have resources and knowledge for that purpose.  Here is a brief, summarized list of some of the proposed solutions and obstacles raised at the hearing.

GUARDIANSHIP CASE REVIEW: SOLUTIONS

• Criminal background checks for guardians

• Nationwide database to prevent “bad apples” from appointment in other states

• Uniform, national standards and a court improvement program for review of guardianship cases based on the child abuse model (with federal funding?)

• Technical assistance to state courts by demonstration grant (pilot projects), such as e-filing of guardian reports with “red flags” triggering further court personnel review such as visit or random audit by court personnel

• Expansion of ombudsman program to include other program services at home or in the community

• Social Security Administration should report misuse of funds of representative payees to state courts

GUARDIANSHIP CASE REVIEW: OBSTACLES

• Courts are generally reactive entities

• Everyone has different computer systems

• Lack of court staff to audit accounts or for personal visit (court monitors)

• Lack of coordination among state agencies and courts

• Confidentiality/privacy issues

• Lack of sufficient financial resources

GUARDIANSHIP LEGISLATION: S. 1744

On October 20, 2011, Sen. Klobuchar introduced S. 1744, the Guardian Accountability and Senior Protection Act. The bill provides funding for State courts to assess and improve the handling of proceedings relating to adult guardians and conservators, authorizes the U.S. Attorney General to carry out a pilot project for conducting background checks prior to guardian appointment, and promotes adoption of technology for court monitoring and auditing of guardianship cases.

CONCLUSION

State courts are responsible for supervising guardianship appointment and administration. The number of who will need guardianship protection after 2008 will double to about 70 million people nationwide by approximately 2033. I have not verified that statistic, but if it is true, it is a very compelling reason to ensure that ample resources and tools are available to state courts.

I am a certified professional guardian in Washington State and more recently a past president of the Washington Association of Professional Guardians (WAPG). I am also a lawyer in private guardianship practice for 13 years. When I sat down and began planning Guardian Advocates, I saw a need to provide information and tools for guardians, their attorneys as well as businesses and members of the public who deal with guardianship. Guardianship is a hot topic nationwide.

Our Washington State board is proposing more and rules and regulations for guardians. Our state legislature does the same every time it meets. Our state is part of and some say a leader of a nationwide trend of guardianship reform. The National Guardianship Association (NGA), the Guardianship Summit and a recent Congressional hearing are examples of a nationwide interest in guardianship issues.

GUARDIANS NEED “TOOLS”

Guardians need information and tools to advocate for reasonable regulation to ensure the best interests of their wards in this rapidly changing and rather chaotic regulatory environment. Guardian Advocates aims to address regulatory trends by providing up-to-date information and advocacy tools for guardians in Washington State and nationwide. Guardians also need tools for practice management and ethical decision-making. Guardian Advocates is a place for guardians to easily find information, access tools, and comment on the latest developments. Subscribing to the Newsletter is the best way to get started.

OUR NEWSLETTER

Guardians have a lot of spare time on their hands, right? Reading the blog every day thoroughly will be exciting for you after a long day? Sure. But we want to make it even easier for you with the Guardian Advocates Newsletter. Subscribe to our monthly (perhaps in the future twice monthly) Newsletter and you will receive a summary of what’s happening on the blog or a special report, PLUS

• a “hot tip” or interesting information
• a product or resource which is useful or interesting
• links back to our website.

Our website will contain:

• new articles for you to review (we’re shooting for at least 3 times per week)
• links to products and resources which you might find useful and interesting in your practice (this may take a little longer to get rolling)
• subscription to premium content (ditto).

New and interesting ideas for education, practice management, and ethics issues are in development. We are also working on a special section for Washington State as well as a separate Newsletter with special reports on regulatory, legislative, and legal affairs. Stay tuned for more information!

GUEST AUTHORS

Guardian Advocates invites guest authors to write articles on the following topics: ADVICE to the general public about guardianship practice; PRACTICE MANAGEMENT tips and helpful advice for guardians; THOUGHT-PROVOKING IDEAS about guardianship practice and reform (nationwide or local). Please feel free to contact me about “guest posting”.

COMING IN THE FUTURE

• Newsletter and resources for businesses and people who are interested in guardianship issues.
• Newsletter and resources for attorneys.

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